Curriculum

An examination of the way in which international law and practice affects the governance and legal system of any country is an important element in understanding the jurisprudential system of that country. The examination of the legal system of other countries, particularly those with materially different legal cultures, enhances an understanding of the operation of U.S. law by providing important baselines for comparison. These traditional reasons for including international law and practice and comparative law in the curriculum of U.S. law schools have been enlarged substantially during the second half of this century by the globalization of the economy, the increased mobility of people, instantaneous communication and the growing importance of international organizations.

Course and seminar offerings generally characterized as international and/or comparative law in fact cover a considerable spectrum. They include rights and obligations under international law and practice, the application of international law to private transactions, the operation of legal systems of other countries and the problems arising from the intersecting jurisdiction of different countries over individuals, entities and property.

The array of course and seminar offerings at the Law Center dealing with international and comparative law in its many forms is the most comprehensive in the country. The breadth of the array offers advantages and disadvantages. Opportunities for the pursuit of particular interests are almost unlimited; but the number of credit hours available for scheduling during a student’s law school career is decidedly limited.

The faculty involved in international matters suggests that students who are interested in the possibility of careers that might include international work plan at the least to take International Law I: Introduction to International Law, International Law II and a course in comparative law. These courses will provide a useful introduction to the field and will provide a valuable context for more specialized courses and seminars in the J.D. or LL.M. curriculum. Although comparative law can be taken at any time, it is recommended that students take International Law I: Introduction to International Law before or concurrently with International Law II.

International Law I: Introduction to International Law deals with the nature and sources of international law and major developments in the international legal system. It considers such topics as the law governing treaties and other international agreements; the recognition of states and governments; jurisdiction, including foreign sovereign immunity and the act of state doctrine; methods for international dispute resolution; the role of international law in the U.S. legal system and the allocation of foreign affairs powers between the President and the Congress; the United Nations and other international and regional entities; and the use of force. The course also includes--to varying degrees depending on the individual professor--an introduction to international economic law and institutions, as well as additional issues of public international law, such as human rights, the environment, and law of the sea. The four-credit version of the course in particular draws upon social science to understand the changing nature of the international legal system.

International Law II is focused on the application of international law to economic arrangements and transactions. The course generally includes a detailed examination of international trade arrangements and the posture of international trade law and practice within the United States. In some sections of the course, issues of international investment, finance and dispute resolution are also explored. Professor Jackson’s course in International Trade analyzes the national and international constitutional framework of the complicated regulatory legal system affecting international economic relations. Students may not take both International Trade and International Law II.

The course titled Comparative Law is generally based upon a comparison of common law traditions with the civil law systems that exist in some form in most of the countries of the world. However, there are many other offerings in the curriculum that provide an opportunity to use the methodology of comparative law while focusing upon the laws of a particular country or region. Such offerings include courses in Japanese law, Chinese law, Korean law, Latin American law and Middle Eastern law. Several course and seminar offerings explore the role of law and legal mechanisms in seeking to advance development objectives in less industrialized countries.

Students interested in further concentration in the area will find that the course and seminar offerings for any semester provide opportunities to work with quite different areas of international law and practice. Many offerings deal with aspects of international relations or the constitutional and administrative structure of the international relations apparatus of the United States. For example, one might examine the establishment and operation of international organizations such as the United Nations, the law of treaties, the use of military force both with and without the authorization of the United Nations Security Council, aspects of international human rights, legal aspects of the European Union, arms control mechanisms, or the details of international cooperation with respect to the sea, air, space and the environment.

Many offerings examine the application of international, U.S. and foreign law to specific issues arising from international trade, investment and population movements. For example, one might examine in more detail international trade organizations and U.S. trade dispute procedures, the structuring of international investments, international commercial law, the arbitration of international disputes, the taxation of international transactions and areas of cooperation among the judicial systems to advance the interests of civil and criminal law enforcement.

Finally, it is important to note that the value of the course and seminar offerings dealing with international and comparative law is not restricted to those contemplating careers involving international work. Students specializing in particular areas, such as taxation, finance or commercial law, will find that an examination of the international aspects of their fields of concentration will be an important enhancement of their work in courses dealing with the U.S. law in the field.

Full-time and Visiting Faculty:
T. Alexander Aleinikoff
Rosa Ehrenreich Brooks
Angela J. Campbell
Barry E. Carter
Richard D. Diamond
Viet D. Dinh
James V. Feinerman
Lawrence O. Gostin
Charles H. Gustafson
Robert J. Haft
John H. Jackson
Vicki C. Jackson
Neal Katyal
David A. Koplow
David J. Luban
Naomi Mezey
Ladislas M. Orsy
Nina Pillard
Susan Deller Ross
Peter Rubin
Philip G. Schrag
Jane E. Stromseth
Robert K. Stumberg
Daniel K. Tarullo
Carlos Manuel Vázquez
William T. Vukowich
Don Wallace
Edith Brown Weiss
Franz Werro